投资移民

The EB-5 immigration process is a simple and complex process. We are experts in this field.

Summary

Overview

Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 5,000 are set aside for those who apply under a pilot program involving an CIS-designated “Regional Center.”

A “Regional Center:”

  • Is an entity, organization or agency that has been approved as such by the Service;
  • Focuses on a specific geographic area within the United States; and ,
  • Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

“Alien investors” must:

  • Demonstrate that a “qualified investment” (see below) is being made in a new commercial enterprise located within an approved Regional Center; and,
  • Show, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.

Eligibility

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested — or are actively in the process of investing — the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

In general, “eligible individuals” include those:

1.  Who establish a new commercial enterprise by:

  • creating an original business;
  • purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
  • expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and

2.  Who have invested — or who are actively in the process of investing — in a new commercial enterprise:

  • at least $1,000,000, or
  • at least $500,000 where the investment is being made in a “targeted employment area,” which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by Office of Management and Budget of US Government; and

3.  Whose engagement in a new commercial enterprise will benefit the United States economy and:

  • create full-time employment for not fewer than 10 qualified individuals; or
  • maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a “troubled business,” which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

How do I …Seek Status as an Immigrant Investor

In order to seek status as an immigrant investor, the foreign investor must file the Immigrant Petition by Alien Entrepreneur. The petition must be filed with supporting documentation which clearly demonstrates that the individual’s investment meets all requirements, such as:

  • establishing a new commercial enterprise,
  • investing the requisite capital amount,
  • proving the investment comes from a lawful source of funds,
  • creating the requisite number of jobs,
  • demonstrating that the investor is actively participating in the business; and, where applicable,
  • creating employment within a targeted employment area.

How do I …Obtain Status as a Conditional Resident

Once the Immigrant Pettiion is approved, immigrant investors may obtain status as a conditional resident by:

  • Filing the Application to Register Permanent Residence or Adjust Status, if residing within the United States; or,
  • Apply for the immigrant visa to become a Permanent Resident based on the investment

How do I get the permanent green card?

In order to become a lawful permanent resident, eligible investors must file an additional application Petition by Entrepreneur to Remove Conditions within certain time period  to change the conditional green card to an unconditional green card.  The petition must be filed within 90 days before the second anniversary of an Alien Investor’s admission to the United States as a conditional resident.

How do I get started?

The EB-5 immigration process is a simple and complex process.  No foreign investor has ever done the whole immigration process without obtaining professional assistance of an experienced and reputable immigration lawyer.   We are ready to assist you in your EB-5 Investment Based immigration application.  Interested and qualified foreign investors can get the case started by contacting Xielaw.

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EB-5 Requirements

Immigration Gateway for EB-5 Foreign Investors
Green Card Through Investment: EB5 Investor Visas

Foreign nationals can obtain permanent residence in the United States, commonly called a “green card”, through an investment of $500,000 or $1million dollars in the US.   If you have a net worth of $1,000,000 and you can invest at least $500,000 in the US, we can help you to get a green card for you and your family members.

Benefits for Investors

• If you qualify for a green card through investment, you, your spouse and children under 21 can get green cards.
• You can live anywhere in the United States and stay as long as you desire.
• You do not have to run a business in the US if you do not want to.
• You can travel in and out of US without a visa.
• After you have held your green card for at least five years, you and your family can apply for US. citizenship.

Requirements for the Green Card Application

• You must be able to invest at least $500,000 in the U.S.
• You must be able to show that the money you invested was obtained through lawful methods
• You must be able to prove the source of the investment.

Requirements on Holding Green Card

• You must maintain the business investment in the U.S.
• You must intend to treat US as your place of permanent residence.
• You may not travel abroad for longer than 6 months or longer than 12 months without obtaining travel document.
• You must file US income tax returns on your worldwide income (you need to consult tax professionals).
• If you must abide by US laws, or your green card could be taken away and you can be deported from the U.S.

Investment of $1 Million Dollars

If you want to manage or operate the business by yourself, you can invest a minimum of $1million in creating a new U.S. business or expanding one that already exists. The business must employ at least ten full-time American workers during the first two years. The investor, spouse and children cannot be counted among the ten employees, but the investor must be active in the management of the company.

Investment of $500,000 Dollars

If you want to manage or operate the business by yourself, you can invest $500,000 if the business is located in a rural area or in an urban area with an unemployment rate certified by the state government to be at least 150% of the national average. Currently the most popular half million dollar investment is on an economic development project of a regional center, which must be approved by USCIS for foreign investment.   The regional center manager must be able to produce a copy of the EB-5 Regional Center Investment approval letter. Please note that the regional centers are NOT owned by or affiliated with a government agency.  No EB-5 investment funds are guaranteed by any one or organization even though some regional center promoters tended to give potential investors an impression that they can get their full investment back after a certain period of time of investment!

In addition to case investment, certain loans, mortgage agreements, promissory notes, security agreements may be included in the minimum capital requirement.  Multiple investors may invest in the same enterprise at the inception of the enterprise. Please contact Xielaw if you are interested in obtaining a US permanent residence through investments.

Steps to Take

EB-5 Investment Immigration Steps

Dear EB-5 Investors,

Below is the steps our clients will do to complete your investment based green card application:

STEP 1: Investor selects the regional center investment project for investment and fills out our Personal Net Worth Questionnaires.  For a list of active regional centers approved by USCIS for EB-5 investment based green card application, please click here.  Please contact Xielaw for the details about the specific investment project(s) that you are interested in.

STEP 2: Investor receives Regional Center’s Offering Memorandum and other investment documentation for review and approval.

STEP 3: Investor signs the Retainer Agreement with Xie Law Offices, LLC. and pays the initial attorney’s fee as provided in the agreement.

STEP 4: Investor signs the subscription agreement with the regional center and forwards a deposit to the regional center.

STEP 5: Xielaw sends instructions/document list to Investor and Investor prepares and collects the requested documents and forwards all requested documentation to Xie Law Offices, LLC.

STEP 6: Xielaw and regional center work together to prepare the documentation and prepare immigrant petition.

STEP 7: Xielaw or regional center sends notification to the investor that Immigrant Petition is ready to be filed along with wire transfer instructions. Investor wires $500,000 to escrow account (to he held by a third party bank).

STEP 8: USCIS approves the immigrant petition. The investment transaction is closed with Escrow Agent unconditionally releasing funds to the investment project (regional center).

STEP 9: Xielaw submits immigrant visa application to US consulate or application to adjust status to permanent resident to USCIS.

STEP 10: Investor receives temporary Green Card.

STEP 11:  Xielaw files an application to remove conditional resident status application to the USCIS in two years.

STEP 12: Investor receives permanent Green Card.

STEP 13:  After 60 months, investor may choose from one of several investment exit strategies. Please read the Subscription Agreement for more information.

STEP 14:  Investor is eligible for filing application for US citizenship when Investor has been a US permanent resident (green card holder) for five years.

The above steps are intended to provide information on the proccess and it does not apply to all EB-5 applications. Contact Jeff Z Xie, or contact our office to request the document list and get it started today. Thanks!

 

EB-5 FAQs

What is EB-5 Investor Immigrant Visa?

It is an immigrant visa category in which a foreign national who invests $500,000 in the USCIS approved investment projects or $1 million in a business that creates 10 jobs in the United States may be granted permanent resident status.

What is Investor Visa called “EB-5”?

Because it is listed at the fifth place on the statutory book that provides the rules for employment based (EB) immigration petitions.  It is a special immigration category different from the commonly used EB-1, EB-2 or EB-3 categories.

Who can apply for EB-5 Investment based green card?

Generally speaking, any foreigner who has the financial ability to invest at least $500,000 at one time in the United States and who can prove the legitimate sources of the investment funds can apply for the EB-5 investor visa.  However, there are some other restrictions.  Interested potential foreigners can contact Xielaw for more information.

What are the basic statutory requirement for EB-5 Investment?

  • There is an investment of $500,000 (in a rural or high unemployment area or USCIS approved regional centers) or $1,000,000 investment in other areas including major cities;
  • Investment must be in a business, not a passive security such as the stock market;
  • The investment can create 10 jobs – no direct job creation is required if the investment is in a “Regional Center”.
  • The investor can provide documentations about the legitimate source of the investment funds.

What does the legitimate source of funds mean?

It means that the money used for the investment in the US was obtained through legal means or was “lawfully gained”.  Therefore money obtained through illegal or unlawful methods such as illegal gambling, money laundry, embezzlement, robbery, stealing, etc. cannot be used for EB-5 investment in the US.

So what are the funds “lawfully gained”?

The investor must demonstrate that his or her assets were gained in a lawful manner, that is, the investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means.

I have a rich father who wants to give me money for investment.  Can I use it to invest in the US to obtain the green card?

Yes, a gift from a parent or other person, provided the appropriate gift taxes are paid, if required, can be used for EB-5 investment.  But documentation about the source of fund will still be needed.

Must the foreign investor have previous business experience?

No, the investor is not required to have any prior business experience.

What level of education is the foreign investor required to have?

The investor is not required to demonstrate any minimum level of education.

Must the foreign investor speak English?

No.

So the investor can be someone who does not have any work experience.  He or she does not need to have received any education.  He or she does not have to be able to speak English.  Is there any requirement on the investor?

The only requirement for the investor is that he or she has the required net worth and capital.

Must the foreign investor be in good health?

Yes.

I heard that the foreign investor will receive a temporary green card.  Is it true?

Yes, the foreign investor who is approved for the EB-5 immigrant visa receives a “conditional” green card, which is good for two years.

What is a ‘conditional’ green card?

A conditional Green Card is a temporary Green Card valid for two years. One year and nine months after it is issued, a three-month window opens up during which an individual must file another application with the CIS to verify that all of the funds have been invested and employment created, – in a regional center whether directly or indirectly. When the conditional resident status has been lifted, full resident status is granted and a permanent Green Card is issued.

Who receives the permanent residency (“green card”)?

Husband, wife and any unmarried children under the age of 21. It is possible for adopted children to be included in the family.

I have a green card and plan on traveling out of the US for a long time. Can I keep my green card?

You can.  But you need to contact Xielaw or any experienced immigration lawyer before you leave the US.

What is the difference between green card and citizenship?

Once you obtain a green card, and become a legal permanent resident, you have most of the rights and obligations of U.S. citizens, but you cannot vote and are not entitled to some public benefits. You are subject to the same tax filing requirements and entitled to the same tax rates and deductions as U.S. citizens.  However, you are still a citizen of your passport country until you become a naturalized US citizen after you have had your green card for five years.

Can my green card be taken away from me?

Once you receive a green card, there are two situations in which you could lose your green card. First, you must not become removable or inadmissible. The most common way of doing this is to be convicted of a serious crime. The second one is that you have not abandoned the United States as your permanent residence. For example, after you received your green card, you leave the US and have stayed overseas for longer than at least one year without applying for any travel documents.

Ok!  I am ready to invest in the US.  How can I get started?

You can learn more about the approved regional centers that offer the investment opportunities and contact Xielaw for more details and updates.

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